Full Text of SB2729 98th General Assembly
SB2729ham003 98TH GENERAL ASSEMBLY | Rep. Naomi D. Jakobsson Filed: 12/1/2014
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| 1 | | AMENDMENT TO SENATE BILL 2729
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2729, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Procurement Code is amended by | 6 | | changing Section 1-13 as follows: | 7 | | (30 ILCS 500/1-13) | 8 | | (Text of Section before amendment by P.A. 98-1076 ) | 9 | | (Section scheduled to be repealed on December 31, 2016) | 10 | | Sec. 1-13. Applicability to public institutions of higher | 11 | | education. | 12 | | (a) This Code shall apply to public institutions of higher | 13 | | education, regardless of the source of the funds with which | 14 | | contracts are paid, except as provided in this Section. | 15 | | (b) Except as provided in this Section, this Code shall not | 16 | | apply to procurements made by or on behalf of public |
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| 1 | | institutions of higher education for any of the following: | 2 | | (1) Memberships in professional, academic, or athletic | 3 | | organizations on behalf of a public institution of higher | 4 | | education, an employee of a public institution of higher | 5 | | education, or a student at a public institution of higher | 6 | | education. | 7 | | (2) Procurement expenditures for events or activities | 8 | | paid for exclusively by revenues generated by the event or | 9 | | activity, gifts or donations for the event or activity, | 10 | | private grants, or any combination thereof. | 11 | | (3) Procurement expenditures for events or activities | 12 | | for which the use of specific vendors is mandated or | 13 | | identified by the sponsor of the event or activity, | 14 | | provided that the sponsor is providing a majority of the | 15 | | funding for the event or activity. | 16 | | (4) Procurement expenditures necessary to provide | 17 | | artistic or musical services, performances, or productions | 18 | | held at a venue operated by a public institution of higher | 19 | | education. | 20 | | (5) Procurement expenditures for periodicals and books | 21 | | procured for use by a university library or academic | 22 | | department, except for expenditures related to procuring | 23 | | textbooks for student use or materials for resale or | 24 | | rental. | 25 | | (8) Procurement expenditures for goods or services | 26 | | procured through a contract with a vendor approved by the |
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| 1 | | Midwest Higher Education Compact. | 2 | | Notice of each contract entered into by a public institution of | 3 | | higher education that is related to the procurement of goods | 4 | | and services identified in items (1) through (8) (5) of this | 5 | | subsection shall be published in the Procurement Bulletin | 6 | | within 14 days after contract execution. The Chief Procurement | 7 | | Officer shall prescribe the form and content of the notice. | 8 | | Each public institution of higher education shall provide the | 9 | | Chief Procurement Officer, on a monthly basis, in the form and | 10 | | content prescribed by the Chief Procurement Officer, a report | 11 | | of contracts that are related to the procurement of goods and | 12 | | services identified in this subsection. At a minimum, this | 13 | | report shall include the name of the contractor, a description | 14 | | of the supply or service provided, the total amount of the | 15 | | contract, the term of the contract, and the exception to the | 16 | | Code utilized. A copy of any or all of these contracts shall be | 17 | | made available to the Chief Procurement Officer immediately | 18 | | upon request. The Chief Procurement Officer shall submit a | 19 | | report to the Governor and General Assembly no later than | 20 | | November 1 of each year that shall include, at a minimum, an | 21 | | annual summary of the monthly information reported to the Chief | 22 | | Procurement Officer. | 23 | | (c) Procurements made by or on behalf of public | 24 | | institutions of higher education for any of the following shall | 25 | | be made in accordance with the requirements of this Code to the | 26 | | extent practical as provided in this subsection: |
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| 1 | | (1) Contracts with a foreign entity necessary for | 2 | | research or educational activities, provided that the | 3 | | foreign entity either does not maintain an office in the | 4 | | United States or is the sole source of the service or | 5 | | product. | 6 | | (2) Procurements of FDA-regulated goods, products, and | 7 | | services necessary for the delivery of care and treatment | 8 | | at medical, dental, or veterinary teaching facilities | 9 | | utilized by the University of Illinois or Southern Illinois | 10 | | University. | 11 | | (3) Contracts for programming and broadcast license | 12 | | rights for university-operated radio and television | 13 | | stations. | 14 | | (4) Procurements required for fulfillment of a grant. | 15 | | Upon the written request of a public institution of higher | 16 | | education, the Chief Procurement Officer may waive | 17 | | registration, certification, and hearing requirements of this | 18 | | Code if, based on the item to be procured or the terms of a | 19 | | grant, compliance is impractical. The public institution of | 20 | | higher education shall provide the Chief Procurement Officer | 21 | | with specific reasons for the waiver, including the necessity | 22 | | of contracting with a particular vendor, and shall certify that | 23 | | an effort was made in good faith to comply with the provisions | 24 | | of this Code. The Chief Procurement Officer shall provide | 25 | | written justification for any waivers. By November 1 of each | 26 | | year, the Chief Procurement Officer shall file a report with |
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| 1 | | the General Assembly identifying each contract approved with | 2 | | waivers and providing the justification given for any waivers | 3 | | for each of those contracts. Notice of each waiver made under | 4 | | this subsection shall be published in the Procurement Bulletin | 5 | | within 14 days after contract execution. The Chief Procurement | 6 | | Officer shall prescribe the form and content of the notice. | 7 | | (d) Notwithstanding this Section, a waiver of the | 8 | | registration requirements of Section 20-160 does not permit a | 9 | | business entity and any affiliated entities or affiliated | 10 | | persons to make campaign contributions if otherwise prohibited | 11 | | by Section 50-37. The total amount of contracts awarded in | 12 | | accordance with this Section shall be included in determining | 13 | | the aggregate amount of contracts or pending bids of a business | 14 | | entity and any affiliated entities or affiliated persons. | 15 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of | 16 | | this Code, the Chief Procurement Officer, with the approval of | 17 | | the Executive Ethics Commission, may permit a public | 18 | | institution of higher education to accept a bid or enter into a | 19 | | contract with a business that assisted the public institution | 20 | | of higher education in determining whether there is a need for | 21 | | a contract or assisted in reviewing, drafting, or preparing | 22 | | documents related to a bid or contract, provided that the bid | 23 | | or contract is essential to research administered by the public | 24 | | institution of higher education and it is in the best interest | 25 | | of the public institution of higher education to accept the bid | 26 | | or contract. For purposes of this subsection, "business" |
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| 1 | | includes all individuals with whom a business is affiliated, | 2 | | including, but not limited to, any officer, agent, employee, | 3 | | consultant, independent contractor, director, partner, | 4 | | manager, or shareholder of a business. The Executive Ethics | 5 | | Commission may promulgate rules and regulations for the | 6 | | implementation and administration of the provisions of this | 7 | | subsection (e). | 8 | | (f) As used in this Section: | 9 | | "Grant" means non-appropriated funding provided by a | 10 | | federal or private entity to support a project or program | 11 | | administered by a public institution of higher education and | 12 | | any non-appropriated funding provided to a sub-recipient of the | 13 | | grant. | 14 | | "Public institution of higher education" means Chicago | 15 | | State University, Eastern Illinois University, Governors State | 16 | | University, Illinois State University, Northeastern Illinois | 17 | | University, Northern Illinois University, Southern Illinois | 18 | | University, University of Illinois, Western Illinois | 19 | | University, and, for purposes of this Code only, the Illinois | 20 | | Mathematics and Science Academy. | 21 | | (g) This Section is repealed on December 31, 2014.
| 22 | | (Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12.) | 23 | | (Text of Section after amendment by P.A. 98-1076 ) | 24 | | (Section scheduled to be repealed on December 31, 2014) | 25 | | Sec. 1-13. Applicability to public institutions of higher |
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| 1 | | education. | 2 | | (a) This Code shall apply to public institutions of higher | 3 | | education, regardless of the source of the funds with which | 4 | | contracts are paid, except as provided in this Section. | 5 | | (b) Except as provided in this Section, this Code shall not | 6 | | apply to procurements made by or on behalf of public | 7 | | institutions of higher education for any of the following: | 8 | | (1) Memberships in professional, academic, research, | 9 | | or athletic organizations on behalf of a public institution | 10 | | of higher education, an employee of a public institution of | 11 | | higher education, or a student at a public institution of | 12 | | higher education. | 13 | | (2) Procurement expenditures for events or activities | 14 | | paid for exclusively by revenues generated by the event or | 15 | | activity, gifts or donations for the event or activity, | 16 | | private grants, or any combination thereof. | 17 | | (3) Procurement expenditures for events or activities | 18 | | for which the use of specific potential contractors is | 19 | | mandated or identified by the sponsor of the event or | 20 | | activity, provided that the sponsor is providing a majority | 21 | | of the funding for the event or activity. | 22 | | (4) Procurement expenditures necessary to provide | 23 | | artistic or musical services, performances, or productions | 24 | | held at a venue operated by a public institution of higher | 25 | | education. | 26 | | (5) Procurement expenditures for periodicals and books |
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| 1 | | procured for use by a university library or academic | 2 | | department, except for expenditures related to procuring | 3 | | textbooks for student use or materials for resale or | 4 | | rental. | 5 | | (6) Procurement expenditures for placement of students | 6 | | in externships, practicums, field experiences, and medical | 7 | | residencies and rotations. | 8 | | (7) Contracts for programming and broadcast license | 9 | | rights for university-operated radio and television | 10 | | stations. | 11 | | (8) Procurement expenditures for goods or services | 12 | | procured through a contract with a vendor approved by the | 13 | | Midwest Higher Education Compact. | 14 | | Notice of each contract entered into by a public institution of | 15 | | higher education that is related to the procurement of goods | 16 | | and services identified in items (1) through (8) (7) of this | 17 | | subsection shall be published in the Procurement Bulletin | 18 | | within 14 calendar days after contract execution. The Chief | 19 | | Procurement Officer shall prescribe the form and content of the | 20 | | notice. Each public institution of higher education shall | 21 | | provide the Chief Procurement Officer, on a monthly basis, in | 22 | | the form and content prescribed by the Chief Procurement | 23 | | Officer, a report of contracts that are related to the | 24 | | procurement of goods and services identified in this | 25 | | subsection. At a minimum, this report shall include the name of | 26 | | the contractor, a description of the supply or service |
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| 1 | | provided, the total amount of the contract, the term of the | 2 | | contract, and the exception to the Code utilized. A copy of any | 3 | | or all of these contracts shall be made available to the Chief | 4 | | Procurement Officer immediately upon request. The Chief | 5 | | Procurement Officer shall submit a report to the Governor and | 6 | | General Assembly no later than November 1 of each year that | 7 | | shall include, at a minimum, an annual summary of the monthly | 8 | | information reported to the Chief Procurement Officer. | 9 | | (b-5) Except as provided in this subsection, the provisions | 10 | | of this Code shall not apply to contracts for FDA-regulated | 11 | | supplies, and to contracts for medical services necessary for | 12 | | the delivery of care and treatment at medical, dental, or | 13 | | veterinary teaching facilities utilized by Southern Illinois | 14 | | University or the University of Illinois. Other supplies and | 15 | | services needed for these teaching facilities shall be subject | 16 | | to the jurisdiction of the Chief Procurement Officer for Public | 17 | | Institutions of Higher Education who may establish expedited | 18 | | procurement procedures and may waive or modify certification, | 19 | | contract, hearing, process and registration requirements | 20 | | required by the Code. All procurements made under this | 21 | | subsection shall be documented and may require publication in | 22 | | the Illinois Procurement Bulletin. | 23 | | (c) Procurements made by or on behalf of public | 24 | | institutions of higher education for any of the following shall | 25 | | be made in accordance with the requirements of this Code to the | 26 | | extent practical as provided in this subsection: |
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| 1 | | (1) Contracts with a foreign entity necessary for | 2 | | research or educational activities, provided that the | 3 | | foreign entity either does not maintain an office in the | 4 | | United States or is the sole source of the service or | 5 | | product. | 6 | | (2) (Blank). | 7 | | (3) (Blank). | 8 | | (4) Procurements required for fulfillment of a grant. | 9 | | Upon the written request of a public institution of higher | 10 | | education, the Chief Procurement Officer may waive | 11 | | registration, certification, and hearing requirements of this | 12 | | Code if, based on the item to be procured or the terms of a | 13 | | grant, compliance is impractical. The public institution of | 14 | | higher education shall provide the Chief Procurement Officer | 15 | | with specific reasons for the waiver, including the necessity | 16 | | of contracting with a particular potential contractor, and | 17 | | shall certify that an effort was made in good faith to comply | 18 | | with the provisions of this Code. The Chief Procurement Officer | 19 | | shall provide written justification for any waivers. By | 20 | | November 1 of each year, the Chief Procurement Officer shall | 21 | | file a report with the General Assembly identifying each | 22 | | contract approved with waivers and providing the justification | 23 | | given for any waivers for each of those contracts. Notice of | 24 | | each waiver made under this subsection shall be published in | 25 | | the Procurement Bulletin within 14 calendar days after contract | 26 | | execution. The Chief Procurement Officer shall prescribe the |
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| 1 | | form and content of the notice. | 2 | | (d) Notwithstanding this Section, a waiver of the | 3 | | registration requirements of Section 20-160 does not permit a | 4 | | business entity and any affiliated entities or affiliated | 5 | | persons to make campaign contributions if otherwise prohibited | 6 | | by Section 50-37. The total amount of contracts awarded in | 7 | | accordance with this Section shall be included in determining | 8 | | the aggregate amount of contracts or pending bids of a business | 9 | | entity and any affiliated entities or affiliated persons. | 10 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of | 11 | | this Code, the Chief Procurement Officer, with the approval of | 12 | | the Executive Ethics Commission, may permit a public | 13 | | institution of higher education to accept a bid or enter into a | 14 | | contract with a business that assisted the public institution | 15 | | of higher education in determining whether there is a need for | 16 | | a contract or assisted in reviewing, drafting, or preparing | 17 | | documents related to a bid or contract, provided that the bid | 18 | | or contract is essential to research administered by the public | 19 | | institution of higher education and it is in the best interest | 20 | | of the public institution of higher education to accept the bid | 21 | | or contract. For purposes of this subsection, "business" | 22 | | includes all individuals with whom a business is affiliated, | 23 | | including, but not limited to, any officer, agent, employee, | 24 | | consultant, independent contractor, director, partner, | 25 | | manager, or shareholder of a business. The Executive Ethics | 26 | | Commission may promulgate rules and regulations for the |
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| 1 | | implementation and administration of the provisions of this | 2 | | subsection (e). | 3 | | (f) As used in this Section: | 4 | | "Grant" means non-appropriated funding provided by a | 5 | | federal or private entity to support a project or program | 6 | | administered by a public institution of higher education and | 7 | | any non-appropriated funding provided to a sub-recipient of the | 8 | | grant. | 9 | | "Public institution of higher education" means Chicago | 10 | | State University, Eastern Illinois University, Governors State | 11 | | University, Illinois State University, Northeastern Illinois | 12 | | University, Northern Illinois University, Southern Illinois | 13 | | University, University of Illinois, Western Illinois | 14 | | University, and, for purposes of this Code only, the Illinois | 15 | | Mathematics and Science Academy. | 16 | | (g) This Section is repealed on December 31, 2016.
| 17 | | (Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12; | 18 | | 98-1076, eff. 1-1-15.)
| 19 | | Section 95. No acceleration or delay. Where this Act makes | 20 | | changes in a statute that is represented in this Act by text | 21 | | that is not yet or no longer in effect (for example, a Section | 22 | | represented by multiple versions), the use of that text does | 23 | | not accelerate or delay the taking effect of (i) the changes | 24 | | made by this Act or (ii) provisions derived from any other | 25 | | Public Act.".
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